TO: Design Review Board

FROM: Brian Lynch, Associate Planner

SUBJECT: 99 Rancho Drive; File #20235

Site plan and architectural review for a new fence with a variance for excess fence height.

MEETING DATE: November 21, 2002 REVIEWED BY: DMW

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PROJECT DATA:

Applicant/Owner: Johanna Childhouse

Architect: Ralph Alexander

Address: 99 Rancho Drive

Assessor Parcel Number: 034-202-04

File Number: 20235

Lot Size: 9,000 square feet

Zoning: R-1 (single-family residential)

General Plan: M-H (medium-high density residential)

Flood Zone: C

Date Complete: November 4, 2002

CEQA Exemption: November 21, 2002

Permit Streamlining

Act Deadline: January 20, 2002

ENVIRONMENTAL DETERMINATION:

This proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303(e).

PROPOSAL:

The applicant has submitted a request to construct a fence along the left side, right side and rear property lines at 99 Rancho Drive. The site is currently improved with a single-family home, and there are currently fences around the perimeter of the property. The existing fences vary in design, and range in height from six feet to nine feet. The applicants are proposing to replace these existing fences with two fence types having a uniform appearance.

The height of the proposed fence would be a maximum of 10 feet, which exceeds the six foot height limit for fences located in setback areas. Therefore the applicant is asking for a four foot variance for fence height.

ANALYSIS:

Zoning

Except for the fence height variance request, staff finds the proposal to be in conformance with the remainder of the development standards for the R-1 zone.

Design Issues

The applicant is proposing to have two different fence types replace the existing fences on the property. Along the left side property line and a portion of the rear property line, the fence would be a 10 foot solid wood fence (fence detail "A" and "B"). Along the majority of the rear property line and the right side property line, the applicant is proposing to have a six foot solid wood fence (fence detail "C" and "D").

There is a change in topography between the subject property and the adjacent properties resulting in a potential lack of privacy for the applicant. The proposed feces, along with the existing vegetation would provide the privacy required by the applicants.

Variance

In order to grant the requested variance, the Board must make the following findings as required by Section 4.03.05 of the Tiburon Zoning Ordinance:

1. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Ordinance will deprive the applicant of privileges enjoyed by other properties in the vicinity and in the same or similar zones.

Because of the significant elevation difference between the adjacent properties, a fence taller than six feet is necessary to create an acceptable level of privacy. The proposed fences would replace the deteriorating and non-conforming fences that are currently on the subject site.

2. The variance will not constitute a grant of special privileges, inconsistent with the limitation upon other properties in the vicinity and in the same or similar zones.

The surrounding neighborhood was previously an unincorporated area of the County of Marin, where there are many fences and walls that are not in compliance with the Town of Tiburon’s regulations. The proposed fences are consistent with fences on other properties in the immediate vicinity.

3. The strict application of this Ordinance would result in practical difficulty or unnecessary hardship.

To rely on a six foot fence that is not effective in maintaining privacy would be an unnecessary hardship for the applicants.

4. The granting of the variance will not be detrimental to the public welfare or injurious to other properties in the vicinity.

The applicant has suggested that the granting the variance would not be detrimental to the public welfare or injurious to other properties in the vicinity because the new fences are approximately the same height as the existing fences; they would be more uniform in appearance and sturdier in construction.

Public Comment

No public comment has been received regarding this application at this time.

RECOMMENDATION:

It is recommended that the Board review this project with respect to Zoning Ordinance Sections 4.02.07 and 4.03.05 (Guiding Principles and Variance Findings by Acting Body). If the Board finds that the design of the project is consistent with the Guiding Principles for Site Plan and Architectural Review, and all necessary findings can be made for the variance for excess fence height, then it is recommended that the project be approved with the attached Conditions of Approval.

EXHIBITS:

Conditions of Approval

Application and supplemental materials dated October 7, 2002.

Findings for the variance as submitted by the applicants.

Plans for the project.

EXHIBIT 1

CONDITIONS OF APPROVAL

99 Rancho Drive

FILE #20235

1. This approval shall be used within three (3) years of the approval date, and shall become null and void unless a building permit has been issued.

2. The development of this project shall conform to the application dated by the Town of Tiburon on October 7, 2002, or as amended by these conditions of approval. Any modifications to the plans must be reviewed and approved by the Design Review Board.

3.    Plans submitted to the Building Department for plan check shall be identical to those approved by the Design Review Board. If any changes are made to the approved Design Review plans, the permit holder is responsible for clearly identifying all such changes when submitted to the Building Department for plan check. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the submitted plans. A list describing in detail all such changes shall be submitted and attached to the building plans, with a signature block to be signed by the Design Review Staff member indicating that these changes have been reviewed and are approved, or require additional Design Review. All changes that have not been explicitly approved by Staff as part of the Building Plan Check process are not approved. Construction that does not have Design Review approval is not valid and shall be subject to stop work orders and may require removal.